St. Paul daily globe., 1887-11-06
INDEMNITY LANDS.
Commissioner Sparks Tells a Da-
kOta Citizen What the Law is.

Commissioner Sparks Tells Da-
kOta Citizen What the Law is.
Special to the Globe.
WASHINGTON, Nov. 5.-The law OF
1887, referred to in the letter from
Sparks to illness, of Glover, Dak., has
been referred to the attorney general
for an opinion and construction of the
law. Meantime the views of Mr..
Sparks in constituting the law are con-
tanned in the following letter written
and mailed to-day. The letter contains
the official construction of the general
land Office upon the laws of the de-
partment of the interior:
General Land Office Washington, Nov. s.
To E. 2. Illness, Esq, Glover, OAK, Sir: 1t
appears by the publication of the Office letter
TO you. of Oct 10. 1887, that the position of
this office in the matter of purchases from
railroad companies of certain public lands of
the United States have been misunderstood.
1t was intended to say to you that actual
settlers on restored lands within railroad
indemnify limits. who have purchased
land from railroad companies can
secure title from the United States
to not exceeding 160 acres, under the settle
ment laws of unqualified to make entry.
The provisions in the act of 1887 allowing
bona fide purchasers from railroad COM
panies to purchase from the United States at
government price lands within the limits of
railroad grants not conveyed to or for the use
of railroad companies. but which were ex-
copied from the operation of the grants, are
construed by this Office 10 relate exclusively
TO lands in the granted limits and not to
lands in the indemnity limits. The latter
class of lands are not granted lands, nor are
they lands excepted from the operation of
grants and purchasers in good faith i'll a
legal sense. The same title vests in a rail
road company to granted lands by virtue of
grant, but no such title vests in indemnity
land. These must be patented or certified
before railroad company has anything to
convey i'll respect TO such lands. C0nse-
quently persons who purchase lands within
Indemnity limits before they have been pat
ented or certified to the company do so at
their own risk and must look TO their vendors
tor remedy against want of title and not
to the United States. Purchasers of patents,
whether of granted or indemnify lands are
protected by the act of 1887, whether set
tiers or not. Purchasers of lands within the
granted limits where the lands were excepted
out of the grant, and were not occupied by
settlers at the date of purchase and which
have not beet settled upon subsequent te
Dec. j, 1882, by persons claiming to enter
the same under the settlement laws of the
United States may. under the act of 1887,
purchase such lands from the United States
at government prices. Under the act of Jan.
13, 1881. the actual settlers on any lands
that have been Withdrawn for railroad pur
poses. whether within granted or idemnity
limits and who have exhausted their home
stead pre-emption or timber culture priv
ileges. are allowed, at any time within ninety
United States. land settled upon and i'm
proved by them, not to exceed 1G0 acres at
$3.50 an acre. WILLIAM A. j. SPARKS,
Commissioner